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LANDLORD/TENANT LAW

OVERVIEW

Landlord/tenant law
is governed by individual state statutes, of which Section
704 Wisconsin Statutes, is applicable in Wisconsin. This statute
provides the basic rules surrounding a variety of issues that
may arise in the landlord/tenant arena. Please keep in mind that
your specific locality may have passed more stringent ordinances
that could effect your rights. Also remember that the most important
single document in any landlord/tenant dispute is the lease. This
section is designed to provide information on Residential Leases.

The most common problems
in this area involve disputes concerning the lease. Click
here for the statutory definition of a lease. Usually difficulties
arise out of a poorly drafted lease, or the lack of a written
lease altogether. Generally, if the lease covers a period of more
than one year, then it must be in writing to be enforceable. If
the lease is in writing, then it also must contain a limited number
of provisions set out in Section
704.03(1) Wisconsin Statutes and Section
706.02 Wisconsin Statutes which are basically: the identity
of the parties to the lease, the identity or description of the
property being leased, the amount of rent and when it is to paid,
the duration of the lease, and a signature by all parties to the
lease.

Informal agreements
with no specific termination date are referred to as "periodic
tenancies" and "tenancies at will." Periodic tenancies
can include day-to-day, week-to-week, month-to-month, and year-to-year
arrangements. Tenancies at will are simply arrangements where
the landlord has agreed to allow the tenant to stay at the property
without a valid lease, and where no regularly scheduled rent payments
are due. The general rule for these types of tenancies is that
28 days written notice is required to terminate the tenancy by
either party, however, the specific rules regarding termination
of periodic tenancies and tenancies at will are explained in Section 704.19 Wisconsin
Statutes. The rules prescribing the
way in which this written notice is served are provided in Section 704.21 Wisconsin
Statutes.

A separate set of procedures
apply to the termination of formal leases. Oftentimes, these procedures
are dependent upon the lease itself. However, there are basic
rules that prevent certain terminations and basic rules that apply
to breaches by the landlord and tenant.

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